ROBERT L. EHRLICH, JR., Governor                           H.B. 703

(2000 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Commercial Law

TITLE 23. OPERATING AGREEMENTS - HOTELS AND RETIREMENT COMMUNITIES.
23-101.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     "HOTEL" MEANS A HOTEL OR MOTEL WITH MORE THAN 30 ROOMS FOR
RENT THAT IS PRIMARILY USED BY TRANSIENTS WHO ARE LODGED WITH OR
WITHOUT MEALS.

(C)     "OPERATING AGREEMENT" MEANS A WRITTEN CONTRACT, AGREEMENT,
INSTRUMENT, OR OTHER DOCUMENT BETWEEN AT LEAST TWO PERSONS THAT
RELATES TO THE MANAGEMENT, OPERATION, OR FRANCHISE OF A HOTEL OR A
RETIREMENT COMMUNITY.

(D)     "PERSON" DOES NOT INCLUDE AN INDIVIDUAL, A NOT FOR PROFIT ENTITY,
OR A PUBLIC INSTRUMENTALITY.

(E)     (1) "RETIREMENT COMMUNITY" MEANS A SENIOR LIVING COMMUNITY,
RETIREMENT COMMUNITY, ASSISTED LIVING COMMUNITY, CONTINUING CARE
RETIREMENT COMMUNITY, INDEPENDENT LIVING COMMUNITY, OR SIMILAR
COMMUNITY THAT OFFERS A COMBINATION OF INDEPENDENT LIVING, ASSISTED
LIVING, OR NURSING.

(2) "RETIREMENT COMMUNITY DOES NOT INCLUDE:

(I)      A FREESTANDING NURSING HOME, AS DEFINED IN § 19-1401 OF
THE HEALTH - GENERAL ARTICLE, THAT IS LICENSED BY THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE;

(II)     A STATE FACILITY, AS DEFINED IN § 10-101 OF THE HEALTH -
GENERAL ARTICLE;

(III)   A PROGRAM LICENSED BY THE DEPARTMENT OF MENTAL
HEALTH AND HYGIENE UNDER TITLE 7 OR TITLE 10 OF THE HEALTH - GENERAL
ARTICLE;

(IV)    A FREESTANDING HOSPICE CARE PROGRAM REGULATED BY
THE DEPARTMENT OF MENTAL HEALTH AND HYGIENE UNDER TITLE 19, SUBTITLE 9
OF THE HEALTH - GENERAL ARTICLE;

(V)     A FREESTANDING DAY CARE CENTER FOR THE ELDERLY
REGULATED BY THE DEPARTMENT OF MENTAL HEALTH AND HYGIENE UNDER TITLE
14, SUBTITLE 2 OF THE HEALTH-GENERAL ARTICLE;

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